Benefits Of Legal Separation Attorney In San Luis Obispo, CA
Why would you take your case to a legal separation lawyer? You may be able to file for a judicial separation by yourself, but what happens if there are complexities in the case? One of the benefits of a legal separation attorney in San Luis Obispo county is that they can explain all the legal processes and help you settle the case amicably.
Hiring a reliable legal separation attorney means you get peace of mind and retain control over your assets, decisions about your children, and financial future without worrying about what could go wrong if you try to handle it on your own.
At the law office of 805 Law Group, we have dedicated our practice exclusively to helping families through the judicial separation process. You will find our lawyers empathetic to your needs. And most importantly, we will help you conceive a plan to make the whole thing go smoothly.
Why Do I Need A Legal Separation Attorney In San Luis Obispo, CA?
A Legal Separation Attorney Can Help You Understand Your Rights And Obligations
You need to hire an experienced San Luis Obispo CA legal separation attorney if you want to know all your legal rights and obligations regarding separation agreements. The 805 Law Group has over 20 years of experience helping clients with their family law issues, so they will be able to give you sound advice based on the laws in California. To learn more about how they can help you, contact us now.
A Legal Separation Attorney Can Help You Understand The Requirements In San Luis Obispo
The laws regarding legal separation in San Luis Obispo and throughout the state of California are complex. Many people interested in legally separating from their partners may not know where to begin.
If you are considering a legal separation from your partner, then you must contact a San Luis Obispo legal separation lawyer who can help you understand what requirements you need to meet and what steps need to be taken. The 805 Law Group can assist you in every step of the legal separation process.
A Legal Separation Attorney Can Help You Protect Your Interests During A Legal Separation
There are a lot of things to consider when separating from your partner. You’ll need to look into child custody, spousal support, and the division of assets. These are complex issues that require the assistance of a legal professional. At 805 Law Group, we have experienced legal separation lawyers in San Luis Obispo, who will be able to help you navigate this difficult time. Our law firm understands how stressful it can be for couples going through a legal separation. Contact us today for help on your legal issue.
What Is Legal Separation?
“Legal separations” are separations that are formally acknowledged by the court. Not all states recognize legal separations. In places that provide legal separations, the process is comparable to seeking a divorce. One spouse will submit a petition for legal separation, and a court will oversee the division of marital property and obligations, determine child care and child support, and, if necessary, issue alimony.
If you and your partner can reach an agreement on these matters, you may be able to submit a separation agreement for the judge’s approval and incorporation into your separate order.
When a judge approves a divorce, neither partner may remarry. To be eligible for remarriage, you must obtain a divorce. In many places, you can remain legally separated indefinitely, but the court may impose a time limit on the separation in other cases. If there is a deadline, you and your companion must choose whether to reconcile, remain separated, or divorce. Either partner may petition for divorce without the other’s approval or consent.
What Are The Benefits Of Legal Separation?
There are several benefits to legal separations over divorces.
Financial Benefits: One significant advantage is the financial aspect. Both parties retain their medical, life, and other insurance benefits under a formal separation. If the marriage has lasted long enough, both partners are eligible to receive the other’s social security payments. In addition, tax benefits continue beyond a formal separation.
Cultural or Religious Considerations: Many religions and societies discourage or outright prohibit divorce. Under the terms of a legal separation, both parties can preserve their marital status while living apart.
Possibility of Returning to Full Marriage: Some couples need to take a radical step or pause their marriage, but they desire a way back if things improve. A “trial separation” assists many couples in overcoming difficulties. A formal separation would make the route to marriage considerably simpler.
What is the difference between divorce and separation?
The primary distinction between separation and divorce is that separation preserves the legal standing of the marriage, whereas divorce dissolves it. A divorce is irreversible, and it is exceedingly difficult to challenge a divorce order.
Separations are easy to achieve. If you have had a trial separation or a permanent separation from your partner, you can easily reconcile. Simply submit a motion or request with the court requesting the court to stop the separation if you are legally separated.
Other distinctions between separation and divorce are as follows:
Decision-making authority. A divorce ends whatever decision-making authority you have over your partner. You are still considered your companion’s next-of-kin and are entitled to make medical or financial choices on their behalf after a separation.
Property rights. As indicated previously, in certain states, when married couples permanently divorce, they forfeit all rights and responsibilities regarding the income, obligations, and property obtained by the other partner as of the date of separation.
Benefit entitlements. In some circumstances, you can continue to get your companion’s health insurance benefits if you are separated, but not if you are divorced. What happens to the benefits depends on state law and its conditions. For instance, a health insurance policy may have a clause that terminates the coverage of a spouse in the case of a legal separation. Before a permanent or legal separation, it is prudent to thoroughly evaluate the conditions of any shared benefits.
What are the legal separation requirements in California?
A legal separation, unlike a divorce process, does not have a residence requirement. Therefore, you do not need to be a California resident for at least six months or your filing county for at least three months. Many people who have just relocated to California and wish to dissolve their marriage choose a legal separation, so they may begin the procedure without having to wait months.
Notably, for California to have the authority to issue custody or visitation orders, the children must fulfill residence criteria, except for emergency cases. Consequently, if you want custody or visitation orders, you may desire to investigate alternate options.
Unlike divorces, legal separations do not require a waiting period. In other words, if you and your partner have a complete agreement, you can get a Judgment of Legal Separation far more quickly than a Judgment of Divorce.
What Issues Does a Legal Separation Address?
Every legal separation in California involves the same fundamental issues:
Child Custody: Who has the authority to decide on the children of the marriage and where they reside.
Child Visitation: The daily parenting plan, including holidays and vacations.
Child Support: In California, “guidelines” are used to determine child subsistence based on each parent’s income and the time the children spend with each parent.
Spousal Support: Sometimes referred to as alimony, the sub-issues of whether or not support is appropriate, the amount of support, and the length of time it should be paid must be addressed.
Property Division: Everything possessed, including retirement funds, bank accounts, and real estate, as well as furniture, fixtures, and appliances, must be split.
Debt Allocation: This entails splitting everything due, including credit card obligations, personal loans, and tax bills.
Lawyer Costs: A person may be required to pay the other partner’s lawyer expenses because one has more means to pay legal costs than the other. Another reason is that one companion misbehaved and was penalized during the divorce procedures.
The absence of any mention of marital status is significant. Upon a Judgment of Legal Separation, you and your partner remain legally married. If you decide to divorce your companion after obtaining a final Judgment of Legal Separation, you must file a fresh and distinct dissolution of marriage lawsuit.
Call our Legal Separation Attorney In San Luis Obispo, CA Now!
Don’t jump into legal separation blindly if you’re unsure if it is right for you. Instead, get the advice of an experienced attorney who can help guide you through the process and ensure that it’s the right move before you start down this road. Here at 805 Law Group, we’ve been helping people with legal separations in San Luis Obispo for over 20 years. So when you contact our law office, you’ll be speaking to a group of people who’ve helped a client just like yourself make informed decisions about their futures.
We will sit down with you for a consultation to discuss your case and help you understand your options moving forward, so don’t hesitate to contact us today for legal assistance. We can’t wait to hear from you!
